Bari States of Emergency and the Law

The Experience of Bangladesh
1. Auflage 2017
ISBN: 978-1-351-68592-4
Verlag: Taylor & Francis
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 282 Seiten

Reihe: Comparative Constitutionalism in Muslim Majority States

The declaration of a state of emergency can be a legitimate constitutional method to protect the interests of society in times of national crises provided it is not exercised in a manner that compromises commitment to democratic values, such as maintaining the rule of law and safeguarding the core rights. This book uses the case of Bangladesh, which has undergone five states of emergency, to explore the best means for ensuring the maintenance of these democratic values. To this end, this book draws from: a) the common themes in the experience of emergency powers under the constitutional framework of similarly situated polities, such as India and Pakistan, and b) the safeguards concerning the exercise of emergency powers contained in the constitutions of other developing and developed nations. The comparative experiences of these jurisdictions provide insight into the mechanisms necessary during a state of emergency for ensuring a delicate balance between the necessity to prevent the state from being perished on the one hand, and to simultaneously uphold the rule of law and the core fundamental rights of individuals on the other. Consequently, the study identifies the flaws, deficiencies and lacunae of the constitutional provisions concerning emergency measures in Bangladesh and recommendations are advanced to rectify the defects.

This book will be a valuable resource for academics, researchers and policy-makers working in the areas of comparative constitutional law, human rights law, and Asian law.

Autoren/Hrsg.

Bari, M. Ehteshamul

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Contents

Acknowledgments

Table of Cases

Table of Statutes

Table of Legislative Instruments

1 Introduction

2 General Issues Concerning the Powers of Emergency and the Evolution of these Powers in the Indo-Pak-Bangladesh Sub-continent

3 Suspension of the Fundamental Rights and the Exercise of the Power of Preventive Detention during Emergencies in the Indo-Pak-Bangladesh Sub-continent

4 Devising and Developing a Standard Emergency Model

5 The Emergencies Proclaimed in Bangladesh on Five Occasions from 1974-2007 and their Justification

6 Impact of the Five Proclamations of Emergency in Bangladesh on the Fundamental Rights of Individuals

7 Preventive Detention Laws in Bangladesh, their Exercise during the Five Proclamations of Emergency and Judicial Response to Such Exercise

8 Conclusion

Über Autor(innen)

Dr M. Ehteshamul Bari is a Lecturer in Law and the Deputy Director of the JD Program at Deakin University, Melbourne, Australia. He did his PhD in Law from Macquarie University, Sydney, in 2015 on an International Macquarie University Research Scholarship. Ehteshamul has published research articles on various aspects of constitutional law, human rights law and public international law in quality peer reviewed journals, such as the Oxford University Commonwealth Law Journal, San Diego International Law Journal, Commonwealth Law Bulletin and the Journal of East Asia and International Law.